An official from the US informed the International Court of Justice (ICJ) that there are “serious concerns” regarding the impartiality of the UN agency for Palestinian refugees, UNRWA.
Judges at the ICJ are conducting a week of hearings aimed at formulating an advisory opinion on Israel’s responsibilities toward UN agencies providing aid to Palestinians in Gaza.
“Concerns about UNRWA’s impartiality are serious, particularly in light of evidence that Hamas has utilized UNRWA facilities and that staff members were involved in the October 7th terrorist attack against Israel,” stated Josh Simmons from the US State Department’s legal team.
Approximately 40 nations and organizations, including the League of Arab States, are participating in the hearings.
Mr. Simmons asserted that Israel had “ample grounds” to question the impartiality of UNRWA.
“Given these concerns, it is evident that Israel has no obligation to allow UNRWA to provide humanitarian assistance. UNRWA is not the sole option for delivering humanitarian aid in Gaza,” he stated.
The status of UNRWA is pivotal to the hearings.
Israel has barred UNRWA from operating within its territory, citing allegations that some of its personnel participated in Hamas’ attack on October 7, 2023, which ignited the Gaza conflict.
Several investigations, including one by former French foreign minister Catherine Colonna, identified “neutrality-related issues” at UNRWA, but emphasized that Israel had not furnished evidence for its main accusation.
Members of the ICJ are involved in the third day of a week-long hearing concerning Israel’s obligations regarding aid.
UNRWA head Philippe Lazzarini reported that over 50 of its staff in Gaza were mistreated and used as human shields while detained by Israeli military forces.
Israel exercises strict control over all international aid flows critical for the 2.4 million Palestinians in Gaza.
Israel ceased all aid shipments to Gaza on March 2, shortly before it violated and terminated a ceasefire that had significantly lowered hostilities over 15 months of conflict.
With supplies dwindling due to Israel’s blockade, the UN’s World Food Programme indicated on Friday that it had delivered its “last remaining food stocks” to kitchens.
‘Starvation is here’
In December, the UN General Assembly requested the ICJ for an advisory opinion “on a priority basis and with utmost urgency”.
However, it may take several months for the judges to formulate their opinion, and the international medical aid organization Doctors Without Borders (MSF) warned that time is running out.
“Delaying any form of legal recourse…will condemn even more Palestinians to preventable death while the world stands by, doing nothing to halt this indiscriminate and abhorrent cruelty,” remarked MSF official Claire Nicolet.
On Monday, Palestinian delegate Ammar Hijazi accused Israel of obstructing humanitarian aid as a “weapon of war”.
Israel has been blocking all aid from entering Gaza since March 2, leading to dwindling food supplies.
“Nine out of ten Palestinians lack access to safe drinking water. Storage facilities belonging to the UN and other international organizations are bare,” Mr. Hijazi stated.
“These are the facts. Starvation is here,” he declared.
Despite the fact that ICJ advisory opinions are not legally binding, the court maintains that they “carry significant legal weight and moral authority”.
Mr. Simmons argued that the court should not concentrate on what he termed a “one-sided” inquiry that pertains only to Israel.
“There should be no determination regarding compliance with any identified obligations in this proceeding or the legal repercussions of any alleged violation,” he concluded.
